Civic Spaces

Since 1981, approximately 400 form-based codes (FBCs) have been prepared for communities across the US, and as of 2012, 252 of them have been adopted. Eighty-two percent of the adoptions have taken place in the past 10 years. But as exciting as that may be, what’s more exciting is that these numbers are miniscule when you think about how many communities exist in the U.S. If this reform of conventional zoning is increasingly gaining acceptance and being applied to larger areas, why are there still so many misconceptions?

Source: Better! Cities & Towns

Despite a wide variety of improvements in how formbased codes are strategized, prepared, and used, many of the planners, planning commissioners, elected officials, members of the public, and code practitioners I meet continue to harbor misconceptions or misunderstandings about these codes. Here are the ones I encounter most:

FBC dictates architecture. Some of these codes do prescribe details about architecture, but most do not. Perhaps because many of the early codes were for greenfield projects where strong architectural direction was needed or desired, the perception is that a FBC always regulates architecture. Yet the majority of codes I’ve prepared and reviewed (30 authored or co-authored, 10 peer-reviewed, 9 U.S. states, 2 foreign countries) do not regulate architecture. I’ve prepared codes where regulation of architecture (style) was important for a historic area, but those requirements did not apply anywhere else. The “form” in form-based codes may mean architecture, but not necessarily. Form can refer to physical character at many different scales—the scale of a region, community, neighborhood, corridor, block, or building.

FBC must be applied citywide. To my knowledge, Miami, and Denver are the only US cities that have applied form-based coding to all parcels within their boundaries. In general, FBCs are applied in two ways: to a site to implement a development project or to several areas as part of a zoning code amendment or update. This second category sometimes involves reconfiguration of the zoning code to retain a set of conventional zones for “automobile-oriented suburban”patterns while adding form-based zones for “walkable-ur-ban” patterns. This is called a hybrid code because it merges the conventional zoning and form-based zoning provisions under one cover, in one set of procedures.

FBC is a template that you have to make your community conform to. Untrue. Conventional zoning, with its focus on separation of uses and its prohibition of ostensibly undesirable activities, often conflicted with the very places it was intended to protect. Perhaps what some refer to negatively as a form-based code’s “template” is the kit of parts that repeats from one community to another—the streets, civic spaces, buildings, frontages, signage, and so forth. But a form-based code is guided by how each of those components looks and feels in a particular community. The FBC responds to your community’s character.

FBC is too expensive. FBCs require more effort than conventional zoning—but then, conventional zoning doesn’t ask as many questions. FBCs reveal and thoroughly address topics that conventional zoning doesn’t even attempt. Some communities augment conventional zoning with design guidelines; those guidelines aren’t always included in the cost comparison, and in my experience they don’t fully resolve the issues. A FBC has the virtue of ensuring that your policy work will directly inform the zoning standards. Further, the the upfront cost of properly writing a FBC pales in comparison to the cumulative cost of policy plans that don’t really say anything, zoning changes that require the applicant to point out reality, hearings, and litigation over projects.

FBC is only for historic districts. FBCs can be applied to all kinds of places. Granted, they are uniquely capable of fully addressing the needs of a historic district because of their ability to “see and calibrate” all of the components. Such a FBC works with not instead of local historic procedures and state requirements. This is in contrast to conventional zoning’s focus on process and lack of correspondence with the physical environment it is regulating. While a FBC can be precise enough to regulate a very detailed and complex historic context, that same system can be fitted with fewer dials for other areas.

FBC isn’t zoning and doesn’t address land use. If your FBC doesn’t directly address allowed land uses or clearly rely on other land use regulations, it is an incomplete FBC. Some early FBCs were prepared as CC&Rs (covenants, conditions, and restrictions) because of particular development objectives, and some well-intended early FBCs oversimplified use restrictions. Since then, FBCs have augmented or fully replaced existing zoning, including land use requirements.

FBC results in “by-right” approval and eliminates “helpful thinking by staff.” With so much emphasis on how FBCs simplify the process, it’s understandable that this perception has caused concern. Throughout the FBC process, focus is placed on delegating the various approvals to the approval authority at the lowest level practical. I’ve seen few codes that make everything “by right” over the counter. The choice of how much process each permit requires is up to each community. Through a careful FBC process, staff knowledge and experience does go into the code content through shaping or informing actual standards and procedures.

FBC results in “high-density residential.” FBC does not mandate high-density residential.” Instead, it identifies housing of all types—from single-family houses to quadplexes, courtyards, rowhouses, and lofts over retail—and explains their performance characteristics. Density is one of many such characteristics. Through the FBC process, communities receive more information and decide which kinds of buildings they want and where. FBCs enable higher density housing—where it is desired by the community—to fit into the larger context of the community’s vision.

FBC requires mixed-use in every building regardless of context or viability. Conventional zoning has applied mile upon redundant mile of commercial zoning, resulting in an oversupply of such land and many marginal or vacant sites. By contrast, FBCs identify a palette of mixed-use centers to punctuate corridors and concentrate services within walking distance of residents and for those arriving by other transportation modes. FBCs identify the components; it’s up to the community to choose which components fit best and are most viable in each context.

FBC can’t work with design guidelines guidelines, and complicates staff review of projects. Because conventional zoning doesn’t ask a lot of questions, most planners have had to learn what they know about design on the job, and need design guidelines to fill in the gaps left open by the zoning. That’s how I learned. A well-prepared FBC doesn’t need design guidelines because it explicitly addresses the variety of issues through clear illustrations, language, and numerous examples. However, we are not allergic to design guidelines; the key is to make sure that the guidelines clarify what is too complex, variable, or discretionary to state in legally binding standards.

Final Thoughts

I’m enthusiastic about FBC and regard it as a far better tool than conventional zoning for walkable urban places. However, it’s still zoning, and it needs people to set its priorities and parameters. It needs people to review plans and compare them with its regulations. Having a FBC will require internal adjustments by the planning department and other key departments, such as Public Works.

Form-based coding began in response to the aspirations of a few visionary architects and developers who wanted to build genuine, lasting places, based on the patterns of great local communities. Unresponsive zoning regulations often erected insurmountable barriers to these proposals and made proposals for sprawl the path of least resistance.

From its outset nearly 35 years ago, form-based coding exposed the inabilities of conventional zoning to efficiently address the needs of today’s communities. Today, form-based coding is a necessary zoning reform—one of several important tools that communities need to position themselves as serious candidates for reinvestment.

Upcoming Misconceptions About Form-Based Codes Classes

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The City of Keene, New Hampshire is seeking the services of a qualified professional planning consulting firm to assist the City in its efforts to develop a unified land development code and to establish Form Based Zoning in its Downtown. The City is seeking a Consultant team tocomplete the following tasks:

Assist the City in its effort to update and re-structure the City’s land use regulations into an efficient and easy to use unified development code and to align them with the community vision and goals

Develop visualizations and graphics to enhance the readability of the regulations

Lead an effort to prepare a Form Based Code for the City’s historic downtown area

Request for Qualifications Statements are due by 4:00 pm on February 9, 2018 to the Purchasing Office, City Hall, 2nd Floor, 3 Washington Street, Keene, New Hampshire 03431.

Upcoming City of Keene, NH Seeks Consultant to Assist in Development of Unified Development Ordinance and Downtown Form Based Zoning District Classes

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The City of Greenwood, Indiana (population 56,545 according to the 2016 American Community Survey) is accepting proposals from qualified consultants and firms for the updating and rewriting of the Zoning Ordinance and Subdivision Control Ordinance to create a Consolidated Development Ordinance. Consultants and firms must have experience and knowledge in the fields of municipal planning and zoning, including experience in the writing and updating of zoning, subdivision, and consolidated development code regulations. The City is looking for form based or context sensitive applications in the development of the new regulations creating both design and infill standards for development in both the City’s existing developed areas as well as greenfield targeted growth areas on the southwest and southeast portions of the City. Key components of the revisions would place emphasis on connectivity, walkability, complete streets, mixed use commercial nodes that enhance quality of life in the City, and increased user friendliness, with a particular focus on illustrations and graphics.

Greenwood adopted a Comprehensive Plan on December 17, 2007, with amendments on February 16, 2009 and December 17, 2012. Additions to the Comprehensive Plan include updated maps to address issues with incompatible land uses and expended planning area boundaries. The Comprehensive Plan and amendments thereto can be viewed at www.greenwood.in.gov

The last complete rewriting of the Zoning Code was in 1982. The Zoning Code has been amended in a piecemeal fashion since that date, including amendments for corridor overlay districts, architectural design standards, landscape standards, and sign regulations. Because the Zoning Code is dated and has been amended in a piecemeal fashion, it does not always reflect best contemporary zoning and planning practices. The City’s current Zoning Code can be viewed at www.amlegal.com

No Zoning Code Rewrite/Consolidated Development Ordinance Greenwood, IN classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

The Town of Parker (the “Town”) is seeking letters of interest from qualified multi-disciplinary consultants and consultant teams that have an interest in participating in a modified interview selection process or a formal solicitation process for the Modernization of the Land Development Ordinance (LDO) for the Town. The Town seeks to identify prospective consultants or consultant teams that will partner with the Town to bring a full range of expertise in current development practices, land use, urban design, zoning, and project management to comprehensively update and modernize the LDO. Project essentials also include an understanding of land use law with a proven track record in community engagement. This effort will entail a major revision and overhaul of the LDO to incorporate best practices, form-based code approaches, modern zoning principles and a user-friendly administrative framework. Once the Town has identified experienced consultants or consultant teams which it believes can perform the desired services in the manner specified, the Town may seek to negotiate a satisfactory contract with the consultant or consultant team which the Town believes best fulfills the needs, requirements, and expectations to establish a new LDO that reflects the aspirations and high standards of the community as expressed in the Parker 2035 Master Plan.

Upcoming RFIE #17-016; Modernization of the Land Development Ordinance Classes

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How do you create an attractive, accessible, diverse community—a neighborhood that is recognized and celebrated as a great place to live, work and play?

Conventional land-use regulations focus on separation of land uses, which results in isolation, suburban sprawl, income- and ethnicity-based segregation and a dearth of attractive public spaces. Car-oriented planning has robbed many places of vitality, eroded community life and discouraged walking, cycling and use of public transit.

The solution: land use and development regulations designed to shape the urban form to accommodate a variety of lifestyles, transportation alternatives and a variety of social interactions, all in an appealing setting.

Form-based zoning codes (FBC) give form to the built environment while enabling a variety of uses, including residential, retail, office, recreation and entertainment. The result is a community designed to be walkable, provide access to many transport options and attractively designed featuring plenty of open space to bring people together and encourage street life. Each code’s design is developed with substantial input from local residents and property owners.

“FBCs are an excellent tool because they are driven and shaped by what the community wants and the kind of place where they want to live and work. This approach leads to the development of unique, user-friendly neighborhoods,” explained Christopher Zimmerman, vice president for development at Smart Growth America and former chair of the County Council in Arlington, Virginia.

The Form-Based Codes Institute (FBCI) is holding its inaugural FBCI Forum this fall that will bring together to developers, planners, elected officials and urban designers to discuss and exchange best practices for how to create these types of vibrant and increasingly popular communities with form-based codes.

The FBCI Forum, which is being held on Oct. 11-12 in Rosslyn, Virginia, will provide invaluable information, insights and examples that will be useful to citizen planners, planning and zoning officials, urban designers, architects, real estate developers, land use attorneys and students of all these disciplines.

Tips from real estate developers, planners and other land use professionals from Nashville, Tenn., Arlington County, Va., Somerville, Mass., Fort Worth, Texas and other communities where FBCs are being used for great placemaking; and

Presentations by top urban designers and code writers from top firms such as Dover Kohl, DPZ, Ferrell Madden, Opticos Design and Lisa Wise consulting that has written codes for Winnooski, Vt., Miami, Fla., and Flagstaff Ariz., among others on how to tailor an FBC to meet a community’s priorities.

Topics that will be covered range from how FBCs contribute to economic development, downtown and neighborhood revitalization, preserving historic buildings and neighborhoods, retrofitting suburbs and enhancing rural and small communities.

Attendees will also take a guided tour of Columbia Pike, a 3.5-mile urban corridor close to downtown Washington that was transformed through the implementation of an FBC. The code turned the pike from a run-down stretch of parking lots, strip shopping centers, fast food restaurants and auto dealers backing up to single-family homes to an attractive mixed-use, walkable neighborhood featuring retail and office space, new homes, a new community center and a new public plaza.

To learn more about the FBCI Forum and to register to attend this unique, event and learn more about FBCs and their potential to revitalize your community, visit the event website.

No Experts Discuss Zoning Reform to Create Vibrant, Walkable, Mixed-Use Communities classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

The Town of Munster, Indiana is seeking statements of qualifications from urban planning consultants to prepare a form-based zoning ordinance to supersede its existing zoning ordinance and other local land development regulations.

Munster, Indiana is located in Lake County, Indiana, 30 miles southeast of the Chicago Loop. Since its incorporation in 1907, the Town of Munster has evolved into an established and prosperous community of 23,000 residents, serving as a cultural and medical hub for the greater Northwest Indiana region. Today, Munster is almost completely developed and exists as a stable, auto-oriented community of primarily mid to late 20th century neighborhoods with an extensive parks and trails system.

In 2010, the Town of Munster adopted a comprehensive plan that identified six guiding principles for its future development:

Submittals must be received by the Town of Munster by no later than 4:00 p.m. (CST) on October 20, 2017.

Upcoming Development of a Form-Based Zoning Ordinance for the Town of Munster, Indiana Classes

No Development of a Form-Based Zoning Ordinance for the Town of Munster, Indiana classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.